Barclay

DISCUSSION

Defendant argues the judgment must be reversed because “a juvenile adjudication for vehicular manslaughter cannot properly be used to elevate a . . . driving under the influence violation to a felony.” Defendant asserts that the language of section 23550.5, subdivision (a)(3) requires an adult conviction for felony vehicular manslaughter, not a juvenile adjudication for felony vehicular manslaughter, in order to elevate a section 23152 conviction to a felony. The People argue the use of term “prior violation” in section 23550.5, subdivision (a)(3), combined with the absence of the term “prior conviction” in that subdivision, evidences a legislative intent to elevate a section 23152 conviction to a felony where the defendant has had a prior juvenile adjudication for felony vehicular manslaughter.

3 At issue in this appeal is the meaning of the following phrase employed in section 23550.5, subdivision (a)(3): “prior violation of paragraph (1) of subdivision (c) of Section 192 of the Penal Code that was punished as a felony.” As explained below, we conclude that the plain language of section 23550.5, subdivision (a)(3) authorized the elevation of defendant‟s section…